[Download] "Hawkins v. Gorea Motor Express Inc." by United States Court of Appeals for the Second Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Hawkins v. Gorea Motor Express Inc.
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 16, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Plaintiff, administratrix of the estate of her husband Robert G. Hawkins, appeals from a jury verdict for defendant Gorea Motor Express, Inc. in the District Court for the Western District of New York and from denial of her motion for a new trial by Chief Judge Burke. Plaintiff's husband was killed in an accident on the New York State Thruway on July 30, 1963, when the truck in which he was riding (but not driving) struck defendant Gorea's truck in the rear. Both trucks were proceeding in the same direction at the time of the collision. Plaintiff claimed that Gorea's driver was negligent in pulling back onto the Thruway from the shoulder while the truck in which Mr. Hawkins was riding (driven by William L. Covey) was approaching. Gorea denied that its driver was negligent and also argued that the sole cause of the accident was Covey's negligence in traveling at an excessive speed and failing to keep a proper lookout. Appellant argues only that two items of evidence were improperly admitted below: (1) a state trooper's report of the accident; and (2) testimony regarding a plea of guilty by Covey to a traffic violation. 1. As to the state trooper's report, in Salsberg v. Modern Transfer Co., 324 F.2d 737, 738 (2d Cir. 1963), this court said regarding a similar report:

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